“Cross in Maryland: Does a memorial to fallen soldiers breach the church-state wall? An appeals court ruling against a cross that has stood since 1925 may go to the Supreme Court.” Steven Mazie has this post at the “Democracy in America” blog of The Economist.
“Georgia high court seeks to end excessive delays in appeals”: Kate Brumback of The Associated Press has a report that begins, “Georgia’s highest court is instructing judges, lawyers and others to come up with a rule to prevent unnecessary delays in the criminal appeals process after seeing many cases that languished for 10 years or longer.”
You can access Monday’s ruling of the Supreme Court of Georgia at this link.
“How sick is too sick to be executed?” The Los Angeles Times has published this editorial.
“Life and Limb: Alabama tortured a death row inmate during a botched execution; Now they want a chance to do it again.” Mark Joseph Stern has this jurisprudence essay online at Slate.
“The Elmo Antidote: Sonia Sotomayor’s message of empathy, listening, and compromise is what we need.” Dahlia Lithwick has this jurisprudence essay online at Slate.
“U.S. Supreme Court will hear Scott Twp. cemetery dispute”: Terrie Morgan-Besecker has this front page article in today’s edition of The Times-Tribune of Scranton, Pennsylvania.
“Mississippi Senate passes nation’s most restrictive abortion ban, clinic plans to sue”: Bracey Harris and Anna Wolfehave this front page article in today’s edition of The Clarion Ledger of Jackson, Mississippi.
And Sarah Mearhoff of The Associated Press reports that “Mississippi governor says he supports 15-week abortion ban.”
“Chief Justice Heavican says Max Kelch was right to leave Nebraska Supreme Court”: Joe Duggan of The Omaha World-Herald has this report.
“Arizona Supreme Court reviewing DACA tuition case verbiage”: Howard Fischer of The Arizona Daily Sun has this report.
“Accused Markel shooter pleads not guilty to new charges”: Karl Etters of The Tallahassee Democrat has this report.
“How the Supreme Court’s paper rules foiled a former Attorney General’s filing in Pa. redistricting case”: Tim Darragh of The Morning Call of Allentown, Pennsylvania has this report.
“Which Supreme Court justices are the topic of the most academic articles?” Derek T. Muller has this post at his blog, “Excess of Democracy.”
“On Prisoner Rights, Justice Gorsuch Is Precisely Who We Thought He’d Be; He went out of his way last month to protect officials at the expense of injured inmates”: Andrew Cohen has this post online at the Brennan Center for Justice.
“Reynolds sworn into Supreme Court Bar Association”: Grayson Schmidt of The Ames (Iowa) Tribune has an article that begins, “Despite a 1 1/2 day layover in Chicago due to this past weekend’s nor’easter storm, Story County Attorney Jessica Reynolds and her family made it to Washington D.C. for her swearing-in ceremony into the United States Supreme Court Bar Association, a moment she described as ‘surreal.'”
“Fasano has concerns about Connecticut Supreme Court justice nominee”: Jessica Lerner of The New Haven Register has an article that begins, “State Republican President Pro Tempore Len Fasano says his concerns about the nomination of state Supreme Court Justice Andrew McDonald to be the next chief justice is due to Fasano’s belief that McDonald has a pattern of questionable methodology in decisions. McDonald’s nomination has drawn debate, numerous hours of his testimony before the Judiciary Committee and a 20-20 committee vote to send the nomination to the House of Representatives.”
“Iowa Supreme Court ‘supermajority’ required under bill passed by Iowa Senate”: William Petroski of The Des Moines Register has an article that begins, “The Iowa Senate narrowly approved a controversial bill Tuesday that says no state law can be held unconstitutional by an Iowa court without the concurrence of at least five justices of the seven-member Iowa Supreme Court.”
“Ethics opinion stresses lawyers’ duty of confidentiality when blogging”: David Hudson has this post at the blog of the ABA Journal.
You can access online Formal ABA Ethics Opinion 480 issued today, titled “Confidentiality Obligations for Lawyer Blogging and Other Public Commentary.”
“How Businesses Became People”: In next Sunday’s issue of the Sunday Book Review section of The New York Times, law professor Zephyr Teachout will have this review of law professor Adam Winkler‘s new book, “We the Corporations: How American Businesses Won Their Civil Rights.”
And on the new episode of Slate’s “Amicus” podcast, titled “When Did Corporations Become People? If your answer is Citizens United, think again,” Winkler discusses his new book with host Dahlia Lithwick.
“Supreme Court candidate Michael Screnock split on stepping away from high-profile issues he helped defend”: Molly Beck of The Wisconsin State Journal has this report.
“Supreme Court agrees to hear Pennsylvania property rights case”: Brian Bowling of The Pittsburgh Tribune-Review has this report.
And at “The Volokh Conspiracy,” Ilya Somin has a post titled “Supreme Court Will Hear Important Property Rights Case; This could result in a ruling overturning a terrible 1985 decision that makes it very difficult to bring takings cases in federal court.”
In today’s mail: I received a copy of law professor Richard L. Hasen‘s new book, “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption.” The book’s official on-sale date is two weeks from today, on March 20, 2018.
I was gratified to see that my name appears on page xv of the book in the Acknowledgements section.
A peek behind the scenes today at “How Appealing”: This blog has been posted to the web using the Movable Type publishing platform since March 2005. Unfortunately, this blog’s longtime web host will no longer be providing free Movable Type upgrades going forward, and my current version of Movable Type won’t continue working for long on that web host’s servers.
As a result, behind the scenes today at “How Appealing,” this blog’s nearly 16 years of archives are being moved to a new home — the same web host as the other Breaking Media sites — and starting at some point soon, I will begin using WordPress as this blog’s publishing platform.
If everything goes as planned, you may not notice any disruption of your access to “How Appealing” today. On the other hand, if you are one of this blog’s many readers who enjoys refreshing this site countless times day and night, there is a slight possibility of a loss of access at some point as ISPs update their DNS records to reflect this blog’s new IP address. The textual web address at which you have reached “How Appealing” in the past won’t be changing; what I am describing happens entirely behind the scenes.
In the unlikely event that this blog ends-up offline for longer than just a moment or two as a result of this switch-over, I will continue to post appellate-related updates on this blog’s Twitter feed. If you aren’t already following “How Appealing” on Twitter, this would be a perfect time to begin doing so.
Thanks again to all of this blog’s amazing readers for your enthusiastic readership and support over the years!
“The Justice Department Is Trying To Keep The Secret Surveillance Court As Secret As Possible”: Zoe Tillman of BuzzFeed News has this report.
“With Supreme Court challenge, tech billionaire could dismantle beach access rights — and a landmark coastal law”: Rosanna Xia of The Los Angeles Times has this report.
My most recent earlier coverage of this case appeared in a post titled “This guy can afford to hire Paul D. Clement.”
“D.C. Circuit Review — Reviewed: Can Hodge v. Talkin Be Distinguished?” Aaron Nielson recently had this post at the “Notice & Comment” blog of the Yale Journal on Regulation.
“‘The Bubble’ and the Judiciary: Is There a Solution?” At the “Law and Liberty” blog, Mark Pulliam has this post reviewing law professor Glenn Harlan Reynolds‘s newest book, “The Judiciary’s Class War.”
“Appeals court raises doubts on attempt to settle Obamacare litigation; D.C. Circuit may be balking at deal to resolve suit the House filed against Obama administration over cost-sharing subsidies”: Josh Gerstein of Politico has this report.
“John Nalbandian — Nominee for the U.S. Court of Appeals for the Sixth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”
“Revisiting the Record on Removal”: At the “Notice & Comment” blog of the Yale Journal on Regulation, Jennifer Mascott has a post that begins, “In April, the Supreme Court will hear oral argument in Lucia v. SEC to consider whether administrative law judges (ALJs) in the Securities and Exchange Commission (SEC) are ‘Officers of the United States.'”
“SEC can recoup ill-gotten gains from New Mexico businessman: U.S. appeals court.” Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
“U.S. Supreme Court backs feds, Texas in water fight with New Mexico”: Chuck Lindell of The Austin American-Statesman has this report.
And Dan McCue of Courthouse News Service reports that “Supreme Court Clarifies Appellate Role in Bankruptcy Cases.”
You can access the U.S. Supreme Court‘s rulings today in these two argued cases via this link.
Update: In other news coverage of the water ruling, Michael Coleman of The Albuquerque Journal reports that “Ruling sends water dispute to arbitration.”
And Emma Platoff of The Texas Tribune reports that “Federal government may fight alongside Texas in water dispute, U.S. Supreme Court rules.”
“How Donald Trump is remaking the law in his own image”: Joan Biskupic of CNN has this report.
“Trump Administration Joins States in Push to Expand Online Sales-Tax Collections; Justice Department urges Supreme Court to overrule a 1992 precedent giving online retailers an exemption from obligation applying to bricks-and-mortar shops”: Jess Bravin of The Wall Street Journal has this report.
Andrew Chung of Reuters reports that “Trump administration backs states’ bid to collect online sales taxes.”
And Greg Stohr of Bloomberg News reports that “Trump Administration Backs Internet Taxes at U.S. Supreme Court.”
“Former Pa. Gov. Dick Thornburgh wants Supreme Court to block new congressional map. His son David, who runs Committee of 70, disagrees”. Jonathan Lai of The Philadelphia Inquirer has this report.
“Justices to Resolve Procedural Issue in Property-Rights Cases”: Kevin Lessmiller of Courthouse News Service has this report.